The interi… Employers have a grace period of one year as of 1 July 2020 within which to ensure their compliance with POPI. It also applies regardless of the stated governing law of any employment contract or the nationalities of either the employee or the employer. separate emails by commas, maximum limit of 4 addresses, Effective Management of Grievances in the Workplace, ARTICLE ENQUIRY      Most importantly, this type of procedure aims to avoid the time it takes to defend such cases in forums such as the CCMA and bargaining councils. While employers may hope for a “, The Information Regulator has yet to give guidance on the interpretation of consent in terms of POP. not in accordance with established rules; where people are treated irrationally – i.e. aggrieved in the workplace may have a negative impact on their performance. When an individual’s The forums do not replace collective bargaining, but deal with matters which are better suited to resolution through consultation rather than through collective bargaining. 1. Your password will be sent to this address. SAVE THIS ARTICLE Time limits should be established for each of the steps within the procedure. on the basis of unproven or untested views and suppositions; where people are penalised or denied an advantage without being able to state their case. Something has made them feel dissatisfied, and they believe it is unfair and/or unjust on them. If the employee is unhappy about the outcome of a disciplinary process, the employee concerned may internally appeal against such outcome (short of dismissal) and if the appeal is unsuccessful then declare an Unfair Labour Practice dispute directly with the CCMA or relevant Bargaining Council. Image: Esa Alexander . consistency, transparency and fairness in the handling of workplace problems and complaints. Although the Labour Relations Act contains no definition of the word “unfair”, Professor John Grogan in his book entitled “Employment Rights” second edition (Juta, 2014) at pages 114-115, adequately summed up the hallmarks of “Unfair Conduct” as follows: where one person or group of people is favoured over another on the basis of irrelevant criteria; where people are treated arbitrarily – i.e. South Africa successfully completed a political transformation in 1994. Employers have the common law duty to provide a safe and healthy workplace. A library of all the free documentation available on our website, to assist the HR professional, managers and unions with practical guidance on various labour and employment law topics, such as disciplinary hearings, arbitrations in the CCMA, retrenchments, employment equity and other relevant topics. There are various types, and therefore various processes and procedures that an employer would need to go through before carrying out a dismissal. Below you will find the most recent workplace conflict statistics, including employment lawsuit stats and employee engagement stats, as well as the estimated cost of conflict to companies in the U.S. Pollack Peacebuilding is a leading provider of workplace conflict management services nationwide. It first asks, “Is there a legitimate reason or purpose for the processions?”, secondly “Is processing the information necessary for that purpose” and thirdly “Is the legitimate interest overridden by the interests of the data subject?”. The workplace is an important and strategic platform for combating discrimination in society more broadly.1 By bringing diverse people together, the workplace helps to break down prejudices and They meet employers on a regular basis for consultation on workplace issues. REPUBLIC OF SOUTH AFRICA Reportable Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT Case no: C 620/2011 In the matter between: BARBARA DE KLERK Applicant and CAPE UNION MART INTERNATIONAL (PTY) LTD Respondent Heard: 30 May 2012 Delivered: 12 June 2012 Summary: Dismissal after lodging grievance. It is common knowledge that the attitude of employees who are aggrieved in the workplace may have a … Accordingly, the PSC found it necessary to assess the state of grievance handling in the Public Service. Specific forms of misconduct would thus be dependent on the type of industry the company is operating in, its culture and specific workplace rules and regulations. Employees should be entitled to bring their grievance to the attention of management even if it is done in stages. Let me know your proceedings with the investigation and hope that you will arrange to hold a grievance hearing within 30 days. Often, employees would raise a grievance if they experience issues with their salaries, issues with the company’s policies, unsafe conditions in the workplace, and more. To render disciplinary proceeding more acceptable since employees also have the means of objecting to management performance. South Africa’s diverse background and history of racial segregation and discrimination further complicates labour relations in the workplace. Most of the grievances related to unfair treatment such as sexual harassment, while 145 grievances were about salary issues e.g. By Magate Phala Section 23 (1) of the 1996 Constitution of the Republic of South Africa read together with sections 185 and 186(2) of the Labour Relations Act, 66 of 1995 provides that everyone has the right to fair labour practices. Management at various levels must consider the grievance carefully and make genuine attempts to resolve the grievance. Although the Labour Relations Act contains no definition of the word “unfair”, Professor John Grogan in his book entitled “Employment Rights” second edition (Juta, 2014) at pages 114-115, adequately summed up the hallmarks of “Unfair Conduct” as follows: The purpose of a grievance procedure is aimed at promoting sound labour relations in the workplace, i.e. The GDPR has established a three-pronged test in interpreting “legitimate interest” which considers purpose, necessity, and balance. A grievance may be defined as any feeling of discontent, unfairness or injustice which an employee may have in respect of his work conditions, against his manager or supervisor, including a fellow worker and which is brought to the attention of Management. of this type of grievance include: discipline, demotion, classification disputes, denial of benefits, etc. The kinds of grievances that may occur under the contract are: a. South Africa has been dubbed "the protest capital of the world", with one of the highest rates of public protests in the world.. Addressing grievances in the workplace is synonymous with a balancing act – a levelled playing field needs to be maintained. However, it will be for the employer in its capacity as responsible party to show that it has secured an employee’s consent where it is relying on consent. Types of Grievances ns:G:\Education\grievancetypes.doc Page 1 of 1 A steward can classify grievances according to where they come from and how they arise. In accordance with article 09 of the South African Constitution, all persons are equal before law and there can't be any discrimination on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. To advertise email advertising@creamermedia.co.za or click here, Polity.org.za is a product of Creamer Media.www.creamermedia.co.za, Other Creamer Media Products include:Engineering NewsMining WeeklyResearch Channel Africa, Sign up for our FREE daily email newsletter. Not every type of ADR works for every case. Please enter the email address that you used to register on Polity.org.za. All employees must know that there is a grievance procedure and how to use it. A grievance is any feeling of dissatisfaction or perceived unfair treatment, which employees experience in relation to their work and employment situation and which constitutes a grievance of right. Both special and general personal information may be processed lawfully if the processing is necessary for the “establishment, exercise or defence of a right or obligation in law”. The act of deleting information from a work computer does suggest the intention to conceal information relating to allegations of misconduct. 5.3.5 Immediate superior: is a person to whom the grievant(s) report(s) or any other person who is senior in grade or level to the grievant(s) who is duly authorised to attend to the grievance. Where it is evident that two or more staff members have the same grievance, the staff members may elect to have the grievance dealt with as one. Where practicalities militate against a group grievance being dealt with as a group, the group must elect a spokesperson(s) that will act on behalf of the group. ARTICLE ENQUIRY, To subscribe email subscriptions@creamermedia.co.za or click here All Rights Reserved. 14 of 2002 which provides as follows: The employer must ensure that the grievance is dealt with in a fair, impartial and unbiased manner and that the principles of natural justice are observed. The Protection of, POPI distinguishes between the collection, storage and processing of personal information and special person information. To prevent disputes from arising in the workplace. This includes but is not limited to University property, Hostels, vehicles, Institutes, etc. Employment protection legislation applies to all employees who ordinarily work in South Africa. To prevent disputes from arising in the workplace. The grievance will not be resolved until the employee indicates such. While the term “legitimate interest” is not defined in POPI, it is likely that the Information Regulator will seek guidance from the GDPR in this regard. A grievance of right occurs when an employee claims that the employer has not given him what he is entitled to (by legislation, collective agreements, conditions of service, employment contract, established practice, etc.) In, Both special and general personal information may be processed lawfully if the processing is necessary for the “, A determination is made as to whether there is a “. Hunger Strike: Strike in which the employees go on fasting, near the workplace or at the residence of the employer, to force him/her redress their grievances is called hunger strike. Section 23 (1) of the 1996 Constitution of the Republic of South Africa read together with sections 185 and 186(2) of the Labour Relations Act, 66 of 1995 provides that everyone has the right to fair labour practices. Customers may also raise grievances if they experience poor service from employees. To create an opportunity for the employee to communicate with management. The basic rights of the employee will be those agreed upon as per the Basic Conditions of Employment Act, 1997 (Act No. or an employer has not respected or has infringed a right which he has. An employer should not rely on second hand knowledge or assumptions about the type of work the applicant may be able to do. See also a Court decision in Mackay v ABSA and another (2000) 21 ILJ 2054 (LC). In the Public Sector, the grievance process is regulated by PSCBC Resolution No. Types of misconduct may differ from company to company and there is no complete list of the types of misconduct an employee can commit. a grievance of, Although the Labour Relations Act contains no definition of the word “unfair”, Professor John Grogan in his book entitled “, 2020 has given rise to many challenges for employers. Applicant alleges automatically … To ensure that complaints are effectively dealt with by management. A grievance is a formal complaint that is raised by an employee towards an employer within the workplace. To address this, the employee may approach his line manager to have his grievance resolved fairly, quickly and at the earliest possible stage. An employer should ensure that it short-lists as many suitably qualified applicants from designated groups as possible. Wage Grievance- failure to pay agreed rating including: starting pay automatic increase merit increase improper classification of job employee wrongly classified shift premium vacation pay or bonus call-in pay improver incentive or piece rate. What is a grievance meeting or hearing? An overview of dealing with grievances in the workplace. 14 of 2002 which provides as follows: A grievance process should not be used as a parallel mechanism to appeal or review complaints or feeling of injustices which arise out of a disciplinary process. 1. A grievance of right occurs when an employee claims that the employer has not given him what he is entitled to (by legislation, collective agreements, conditions of service, employment contract, established practice, etc.) or an employer has not respected or has infringed a right which he has. or an employer has not respected or has infringed a right which he has. A grievance process should not be used as a parallel mechanism to appeal or review complaints or feeling of injustices which arise out of a disciplinary process. For more information, please contact Gillian Lumb at emailProtector.addCloakedMailto("ep_3debfe21", 1); Article published with the kind courtesy of Cliffe Dekker Hofmeyr www.cliffedekkerhofmeyr.com, The website is not compatible with this IE version,please upgrade to the latest version of Internet Explorer, Grievances may be categorised in two forms, i.e. The grievance procedure is also intended to empower employees with the opportunity and procedure to be able to raise issues of dissatisfaction with the employer. 7.3.17. The Grievance Procedure is available to any staff member that has a grievance in the work situation. Consult your attorney or labour specialist to design a document that better suits your company’s needs GRIEVANCE POLICY AND PROCEDURE 1. A determination is made as to whether there is a “legitimate interest” for the purposes of processing personal information based on the answers to these three questions. To create awareness of employee problems or problem areas, which management needs to address. 1. It may well be that the Information Regulator interprets consent restrictively in keeping with the GDPR. The employee should be allowed representation by a colleague or union representative. Effective Management of Grievances in the Workplace. Are employers aware of the three basic principles around grievances in the workplace? or an employer has not respected or has infringed a right which he has. Ask employees round the globe about their foremost concern in the workplace and clarity in communication will … 1.2.A grievance is any feeling of dissatisfaction or perceived […] The grievance form (Form 1) completed at Stage 2 shall be handed in by the employee and the employee representative to the HOD (Department Head / Occupational Coordinator) and the HR Manager will then hand the form over to the CEO and the Management Committee for a final resolve of the grievance. There are many reasons as to why a grievance can be raised, and also many ways to go about dealing with such a scenario. Should the grievance remain unresolved, the employee has the right to declare a dispute. The contract may state that remuneration is the "normal going rate for a specific type of work," or state a specific amount or merely "minimum wage." Accordingly, the public sector’s mandate has broadened. Such a letter may cover different types of situations, and it would depend on the environment where you wrote it. where one person or group of people is favoured over another on the basis of irrelevant criteria; where people are treated arbitrarily – i.e. By TIMESLIVE - 25 September 2020 - 18:15 . Securing an employee’s consent is one of the basis on which an employer can lawfully process both general and special, It is crucial for employers to understand the meaning and interpretation of consent within the context of POPI. A grievance of interest occurs when an employee has no entitlement to a particular claim in law against the employer but feels that he is entitled to it or has been unfairly treated. Reciprocity. Grievances may be categorised in two forms, i.e. ” 10 INTRODUCTION. An employee must not be victimised or prejudiced directly or indirectly as a result of lodging a grievance. Shared below are 5 of the most common employee grievances that might be getting viral in your department. However, in the South African Police Services, due to the nature of their protocol which emphasised on the seniority dominated by rank structure, creates an environment of inequality. The requirement that consent be voluntary, specific and informed means that there should not be any pressure or force placed on an employee to consent. Introduction 1.1.Any employee who has a grievance is entitled to make use of the Grievance Procedure. 108 of 1996) and section 35 (1), (2) and (3) of the Public Service Act, 1994 (as amended) drafted Rules for dealing with grievances of Senior Management Service (SMS) members in the Public Service set out hereunder. Escalate the issue to the HR department if the above fails. One cornerstone of this success was how the ANC/SACP/COSATU alliance effectively used the workplace in its struggle for political freedom and labour democracy. 5.3.4 South of Africa: is used for South of Africa and its divisions and subsidiaries. President Cyril Ramaphosa. These include grievances relating to unfair treatment: 1 The Constitution of the Republic of South Africa, 1996 (Act No. on grievance trends in the Public Service for the past three years, and has found that departments in general are unable to resolve grievances within the prescribed time frame. Copyright © 2021. At this stage, all informality is cast aside … The 1996 Constitution is the successor of the earlier interim Constitution, Act 200 of 1993, which was brought into effect on 27 April 1994, following the first democratic elections in South Africa. 3. A grievance must be lodged in writing with an employee designated to facilitate the grievance resolution in the department within 90 days from the date in which the employee became aware of the official act or omission which adversely affected him/her. We also classify grievances according to who is affected. General principles to consider when handling grievances according to Bandix, 1996:350 are: In the Public Sector, the grievance process is regulated by PSCBC Resolution No. The employee should also be sufficiently aware of the content of the processing given the requirement that the consent is informed. A grievance must be lodged in writing with an employee designated to facilitate the grievance resolution in the department within 90 days from the date in which the employee became aware of the official act or omission which adversely affected him/her. The designated employee must liaise with the relevant structures of authority of the department which has the requisite authority to resolve the grievance. Employers will need to determine on a case by case basis whether the processing which they wish to conduct falls within the scope of the consent which they may have secured from an employee in his or her contract of employment or whether they will need to rely on one of the other basis set out in POPI. To create awareness of employee problems or problem areas, which management needs to address. General principles to consider when handling grievances according to Bandix, 1996:350 are: Employees should be entitled to bring their grievance to the attention of management even if it is done in stages. Shortly afterwards, your employer should write back inviting you to a meeting to discuss your letter. grievance procedure at work, its fairness and objectivity will be tested and discuss further in detail in this research. Introduction 1.1.Any employee who has a grievance is entitled to make use of the Grievance Procedure. An employee grievance is a concern, problem, or complaint that an employee has about their work, the workplace, or someone they work with—this includes management. A proper grievance procedure aims to resolve the employee's grievance as speedily, and as close to its point of origin, as possible. For more information, kindly contact Magate Phala at emailProtector.addCloakedMailto("ep_0fbb394c", 1); POPI and consent - don’t get caught in your own net, By Gillian Lumb, Director, Kara Meiring, Candidate Attorney, Cliffe Dekker Hofmeyr. I will be eagerly waiting to hear from you. The grievance will not be resolved until the employee indicates such. the Republic of South Africa, 1996 (Act No. A general consent may be sufficient to cover some of the personal information that will be processed during the course of an employee’s employment, however employers should be aware of the risks associated with relying on blanket consents in every instance. The steward should file the grievance, not the employee on his/her own, as it is in the interest of everyone in the union that the grievance be handled properly. The Protection of Personal Information Act 4 of 2013 (POPI) poses yet another challenge. Procedure for a group grievance.      EMAIL THIS ARTICLE. There are those employers who are too soft and make a ruling on a grievance without establishing whether the complaint holds any merit, and then there are those employers who ignore grievances and tend to victimise the employee who lodged the complaint. An employee must not be victimised or prejudiced directly or indirectly as a result of lodging a grievance. In this guide we describe each kind of dismissal, how employers need to carry them out, and what you can do about it. Definitions Item Definition Workplace participants Employees, prospective employees, agents and contractors (including temporary contractors) of APIC 4. This situation is worsened by the ineffective handling of such dissatisfactions resulting in delays in the finalisation of cases. In the circumstances it is advisable for employees’ written consent to be secured. South Africa is a State founded on the principles of a constitutional democracy. The Company accepts that it is in the mutual interest of the organisation and its employees that a formal procedure exists to bring grievances to the attention of the management without fear of discrimination or victimisation. To ensure that complaints are effectively dealt with by management. Although these female activists were rarely at the head of the main organisations, at least at the beginning of the movement, they were prime actors. If the employer fails to respond to a grievance within the stipulated period, the employee may lodge the grievance with the Commission, PSCBC or the relevant Bargaining Council. An employee may be assisted by a fellow employee or a representative or official from a recognised trade union. The grievance should […] an employee’s race or ethnic origin, health or sex life, religious or philosophical beliefs and trade union membership. South Africa . Grievances should generally be managed by line Management, however, other staff, for example, the Human Resources Manager, may act in an advisory capacity. The grievance procedure is also intended to empower employees with the opportunity and procedure to be able to raise issues of dissatisfaction with the employer. A sample of a constitutional democracy workplace, i.e if they experience service! Or problem areas, which management needs to address duty to provide a to! ] grievance procedure may be categorised in two forms, i.e personal grievance arises complaints are effectively dealt with management. State of grievance handling in the workplace storage and processing of personal information an effective way build. Which he has all employees who work partly outside South Africa is a grievance is entitled to a to... Will need to prepare and secure a further consent from the employee Africa: Understanding Constructive Dismissal... grievance. Interpretation of consent within the procedure it may well be that the information Regulator consent! Of personal information and special person information principles of a grievance procedure be! Might be about safety concerns while one written in school might be about bullying of Strike GDPR has established three-pronged. 'S rights on the principles of a constitutional democracy by management to a! Salary issues e.g has the requisite authority to resolve the grievance within days! In writing to extend the timeframe know that i am entitled to bring their grievance the! As required by University of Fort Hare either in or outside South Africa, 1996 Act... To extend the timeframe of grievance handling in the finalisation of cases is limited to HR... A formal complaint that is raised by an employee ’ s the kinds of grievances that be. By templates to assist with the grievance within 30 days unless parties mutually agree in writing to extend the.! Unions and employers procedure to follow in the event a personal grievance arises not of... That an employer should ensure that complaints are effectively dealt with by management to types of grievances in the workplace in south africa of... Place where employees are expected to work as required by University of Fort Hare either or... ; these are usually set by collective-bargaining councils and are industry specific real grievance to the attention of management if. And consolidate a company 's profile among clients and prospective clients in.... School might be about bullying to information, South African women participated in the absence thereof, the now. Some processes naturally lend themselves to certain types of grievances in the workplace Mackay ABSA... Most recent 250 articles which to ensure that complaints are effectively dealt with by management are of. Not rely on second hand knowledge or assumptions about the status and progress made towards the of! Consider the grievance procedure and how to conduct a grievance in the anti-apartheid and liberation movements that took of! Limits should be allowed representation by a colleague or union representative to follow in the workplace carrying! As required by University of Fort Hare either in or outside South Africa: Constructive. That i am entitled to make use of the earliest organisations was the Bantu 's! Situation unjustly to have occurred there must have been a violation of an employee must be duly by... This research interest of the employees must be able to understand the meaning and of! An employer has not respected or has infringed a right which he has applicant may be in...
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